Chapman University Law Professor Ronald Rotunda said it was significant that Walker's ruling noted that marriage has financial benefits and that Walker applied the ruling to all Californians rather than just the two same-sex couples who challenged Proposition 8.

He said Walker could have avoided any possible conflict by limiting the ruling to the couples or by disclosing early on that he was in a committed relationship.

"It certainly would have avoided a lot of questions at the end," said Rotunda, who teaches constitutional law and legal ethics.